logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.05.23 2012고단4702
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 10, 2012, the defendant prepared a false complaint against E in the name of the defendant for the purpose of having E receive criminal punishment from a certified judicial scrivener office located in Daejeon Jung-gu, Daejeon, for the purpose of having E receive criminal punishment.

A written complaint states that "The defendant E, a complainant, forged a pre-sale contract according to the registration of transfer of ownership in the name of the complainant, and uses a mortgage contract in accordance with the registration of transfer of ownership in the name of the complainant, thereby punishing him/her accordingly," and that the defendant prepared the above pre-sale contract and the mortgage contract together with E, knowing that provisional registration and establishment of mortgage are completed. Therefore, the above document was not forged.

Nevertheless, on July 27, 2012, the Defendant submitted the above written complaint to an employee whose name cannot be known at the Daejeon District Public Prosecutor's Office, and received an investigation into the investigation of the Daejeon District Police Station and the Economic Three Team office on August 14, 2012, and stated that “E, the Defendant’s complaint, was punished by forging a sales contract in the name of the complainant and exercising it.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A copy of the protocol of interrogation of police officer E;

1. Statement of the police statement A;

1. Copies of each police statement related to A and G;

1. Notice of reasons for non-prosecution;

1. A complaint;

1. Application of the details of transactions, registration-related documents, and certified copy of the real estate register;

1. Determination of the relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the issue of the choice of imprisonment

1. The Defendant alleged as the Defendant’s assertion only remitted 40 million won to I according to the direction of E in order to invest the land in the H 386 square meters prior to Seosan-si (hereinafter “instant land”) as the Defendant’s title, Seosan-si, and did not purchase the said land. However, the Defendant’s purchase contract, etc. in the name of the Defendant using the seal imprint affixed by the Defendant at his own discretion.

arrow